By Greenberg, Gallego, Madden, Uher, H.B. No. 2611
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to electronic reporting of certain political contributions
1-3 and political expenditures.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 254.036, Election Code, is amended to
1-6 read as follows:
1-7 Sec. 254.036. FORM OF REPORT; AFFIDAVIT; MAILING OF FORMS.
1-8 (a) Each report filed under this chapter with an authority other
1-9 than the commission must be on a form prescribed by the commission
1-10 and must be written in black ink or typed with black typewriter
1-11 ribbon unless the report is a computer printout. If the report is
1-12 a computer printout, the printout must conform to the same format
1-13 and paper size as the form prescribed by the commission.
1-14 (b) Except as provided by Subsection (c), (d), (e), (f), or
1-15 (g), each report filed under this chapter with the commission must
1-16 be filed by computer diskette, modem, or other means of electronic
1-17 transfer, using computer software provided by the commission or
1-18 computer software that meets commission specifications for a
1-19 standard file format.
1-20 (c) A candidate, officeholder, or political committee that
1-21 is required to file reports with the commission may file reports
1-22 that comply with Subsection (a) if the candidate, officeholder, or
1-23 campaign treasurer of the committee files with the commission an
1-24 affidavit stating that the candidate, officeholder, or committee,
1-25 an agent of the candidate, officeholder, or committee, or a person
2-1 with whom the candidate, officeholder, or committee contracts does
2-2 not use computer equipment to keep records of political
2-3 contributions, political expenditures, or persons making political
2-4 contributions to the candidate, officeholder, or committee. An
2-5 affidavit under this subsection must be filed with each report
2-6 filed under Subsection (a). The affidavit must include a statement
2-7 that the candidate, officeholder, or political committee
2-8 understands that if the candidate, officeholder, or committee, a
2-9 consultant of the candidate, officeholder, or committee, or a
2-10 person with whom the candidate, officeholder, or committee
2-11 contracts uses computer equipment for a purpose described by this
2-12 subsection, the candidate, officeholder, or committee is required
2-13 to file reports under Subsection (b).
2-14 (d) A candidate, officeholder, or political committee that
2-15 is required to file reports with the commission, other than a
2-16 candidate for or holder of a statewide office or a specific-purpose
2-17 committee for supporting or opposing such a candidate or assisting
2-18 such an officeholder, may file reports that comply with Subsection
2-19 (a) if the candidate or committee does not accept political
2-20 contributions that in the aggregate exceed $20,000 or make
2-21 political expenditures that in the aggregate exceed $20,000 in a
2-22 calendar year. A candidate, officeholder, or political committee
2-23 that exceeds $20,000 in political contributions or political
2-24 expenditures in a calendar year shall file reports as required by
2-25 Subsection (b) for:
2-26 (1) any reporting period during the calendar year in
2-27 which the limit prescribed by this subsection is exceeded, other
3-1 than a reporting period that has ended on the date the limit is
3-2 exceeded; and
3-3 (2) each reporting period during a calendar year
3-4 subsequent to the calendar year in which the limit is exceeded.
3-5 (e) A candidate for an office described by Section
3-6 252.005(5) or a specific-purpose committee for supporting or
3-7 opposing only candidates for an office described by Section
3-8 252.005(5) or a measure described by Section 252.007(5) may file
3-9 reports that comply with Subsection (a).
3-10 (f) An individual required to file a report with the
3-11 commission in connection with a direct campaign expenditure to
3-12 which Section 253.062 applies may file a report that complies with
3-13 Subsection (a).
3-14 (g) A person required to file a report with the commission
3-15 in connection with the office of district judge, district
3-16 attorney, or judge of a multicounty statutory county court may file
3-17 reports that comply with Subsection (a).
3-18 (h) Each report filed under this chapter that is not filed
3-19 by electronic transfer must be accompanied by an affidavit executed
3-20 by the person required to file the report. The affidavit must
3-21 contain the statement: "I swear, or affirm, under penalty of
3-22 perjury, that the accompanying report is true and correct and
3-23 includes all information required to be reported by me under Title
3-24 15, Election Code." Each report filed under this chapter by
3-25 electronic transfer must be under oath by the person required to
3-26 file the report and must contain, in compliance with commission
3-27 specifications, the digitized signature of the person required to
4-1 file the report. A report filed under this chapter is considered
4-2 to be under oath by the person required to file the report, and the
4-3 person is subject to prosecution under Chapter 37, Penal Code,
4-4 regardless of the absence of or a defect in the affidavit.
4-5 (i) [(c)] As part of the notification required by Section
4-6 251.033, the commission shall mail the appropriate forms to each
4-7 person required to file a report with the commission during that
4-8 reporting period.
4-9 (j) [(d)] The commission shall prescribe forms for purposes
4-10 of legislative caucus reports under Section 254.0311 that are
4-11 separate and distinct from forms for other reports under this
4-12 chapter.
4-13 (k) [(e) A report filed under this chapter is considered to
4-14 be under oath by the person required to file the report regardless
4-15 of the absence of or defect in the affidavit of verification,
4-16 including a signature.]
4-17 [(f) A person required to file a report under this chapter
4-18 is subject to prosecution under Chapter 37, Penal Code, regardless
4-19 of the absence of or defect in the affidavit of verification.]
4-20 [(g)] This section applies to a report that is filed
4-21 electronically or otherwise.
4-22 SECTION 2. Subchapter B, Chapter 254, Election Code, is
4-23 amended by adding Sections 254.0361 and 254.0362 to read as
4-24 follows:
4-25 Sec. 254.0361. REQUIREMENTS FOR ELECTRONIC FILING SOFTWARE.
4-26 (a) Computer software provided or approved by the commission for
4-27 use under Section 254.036(b) must:
5-1 (1) use a standardized format for the entry of names,
5-2 addresses, and zip codes;
5-3 (2) provide for secure and encoded transmission of
5-4 data from the computer of a person filing a report to the computers
5-5 used by the commission;
5-6 (3) be capable of being used by a person with basic
5-7 computing skills who uses a computer that uses a Windows operating
5-8 system, Macintosh operating system, or another operating system
5-9 that the commission determines is as popular as those systems for
5-10 use with personal computers; and
5-11 (4) permit a person using a computer to prepare a
5-12 report or to retrieve information from a report to import
5-13 information to the report from a variety of computer software
5-14 applications that meet commission specifications for a standard
5-15 file format or export information from the report to a variety of
5-16 computer software applications that meet commission specifications
5-17 for a standard file format without the need to reenter information.
5-18 (b) Before determining the specifications for computer
5-19 software developed, purchased, or licensed for use under Section
5-20 254.036, the commission shall conduct at least one public hearing
5-21 to discuss the specifications. For at least 10 days following the
5-22 hearing, the commission shall accept public comments concerning the
5-23 software specifications.
5-24 Sec. 254.0362. USE OF PUBLICLY ACCESSIBLE COMPUTER TERMINAL
5-25 FOR PREPARATION OF REPORTS. (a) Except as provided by Subsection
5-26 (d), a person who is required to file reports under this chapter
5-27 may use a publicly accessible computer terminal that has Internet
6-1 access and web browser software to prepare the reports.
6-2 (b) A public entity may prescribe reasonable restrictions on
6-3 the use of a publicly accessible computer terminal for preparation
6-4 of reports under this chapter, except that a public entity may not
6-5 prohibit a person from using a computer terminal for preparation of
6-6 reports during the public entity's regular business hours if the
6-7 person requests to use the computer terminal less than 48 hours
6-8 before a reporting deadline to which the person is subject.
6-9 (c) This section does not require a public entity to provide
6-10 a person with consumable materials, including paper and computer
6-11 diskettes, in conjunction with the use of a publicly accessible
6-12 computer terminal.
6-13 (d) An officeholder may not use a computer issued to the
6-14 officeholder for official use to prepare a report under this title.
6-15 (e) In this section:
6-16 (1) "Public entity" means a state agency, city,
6-17 county, or independent school district.
6-18 (2) "Publicly accessible computer terminal" means a
6-19 computer terminal that is normally available for use by members of
6-20 the public and that is owned by a state agency, an independent
6-21 school district, or a public library operated by a city or county.
6-22 SECTION 3. Subchapter B, Chapter 254, Election Code, is
6-23 amended by adding Sections 254.0401 and 254.0402 to read as
6-24 follows:
6-25 Sec. 254.0401. AVAILABILITY OF ELECTRONIC REPORTS ON
6-26 INTERNET. (a) The commission shall make each report filed with
6-27 the commission under Section 254.036(b) available to the public on
7-1 the Internet not later than the second business day after the date
7-2 the report is filed.
7-3 (b) The access allowed by this section to reports is in
7-4 addition to the public's access to the information through other
7-5 electronic or print distribution of the information.
7-6 (c) Before making a report filed under Section 254.036(b)
7-7 available on the Internet, the commission shall remove each
7-8 portion, other than city, state, and zip code, of the address of a
7-9 person listed as having made a political contribution to the person
7-10 filing the report. The address information removed must remain
7-11 available on the report maintained in the commission's office but
7-12 may not be available electronically at that office.
7-13 Sec. 254.0402. PUBLIC INSPECTION OF REPORTS. (a)
7-14 Notwithstanding Section 552.222(a), Government Code, the authority
7-15 with whom a report is filed under this chapter may not require a
7-16 person examining the report to provide any information or
7-17 identification.
7-18 (b) The commission shall make information from reports filed
7-19 with the commission under Section 254.036(b) available by
7-20 electronic means, including:
7-21 (1) providing access to computer terminals at the
7-22 commission's office;
7-23 (2) providing information on computer diskette for
7-24 purchase at a reasonable cost; and
7-25 (3) providing modem or other electronic access to the
7-26 information.
7-27 SECTION 4. Section 254.041(a), Election Code, is amended to
8-1 read as follows:
8-2 (a) A person who is required by this chapter to file a
8-3 report commits an offense if the person knowingly fails:
8-4 (1) to file the report on time; [or]
8-5 (2) to file a report by computer diskette, modem, or
8-6 other means of electronic transfer, if the person is required to
8-7 file reports that comply with Section 254.036(b); or
8-8 (3) to include in the report information that is
8-9 required by this title to be included.
8-10 SECTION 5. This Act takes effect September 1, 1999.
8-11 SECTION 6. (a) Section 254.036, Election Code, as amended
8-12 by this Act, applies only to a report required to be filed under
8-13 Chapter 254, Election Code, on or after January 1, 2000. A report
8-14 required to be filed under Chapter 254, Election Code, before
8-15 January 1, 2000, may be filed in compliance with Section 254.036,
8-16 Election Code, as that section existed before amendment by this
8-17 Act, and the former law is continued in effect for that purpose.
8-18 (b) Notwithstanding Section 254.036, Election Code, as
8-19 amended by this Act, a person required to file a report under
8-20 Chapter 254, Election Code, that complies with Section 254.036(b),
8-21 Election Code, as amended by this Act, and that is required to be
8-22 filed on or after January 1, 2000, and before July 1, 2000, may
8-23 file a report that complies with Section 254.036(a), Election Code,
8-24 as amended by this Act, unless, not later than January 1, 2000:
8-25 (1) the Texas Ethics Commission has developed,
8-26 purchased, or obtained a license to use computer software that
8-27 complies with Section 254.0361, Election Code, as added by this
9-1 Act, and that permits a person to electronically file a report
9-2 under Chapter 254, Election Code, as required by Section 254.036,
9-3 Election Code, as amended by this Act, by using a publicly
9-4 accessible computer terminal, as defined by Section 254.0362,
9-5 Election Code, as added by this Act; and
9-6 (2) the commission has determined that the computer
9-7 software has been sufficiently tested and demonstrated to be
9-8 reliable when used with a publicly accessible computer terminal.
9-9 (c) Notwithstanding Section 254.036, Election Code, as
9-10 amended by this Act, a person required to file a report under
9-11 Chapter 254, Election Code, that complies with Section 254.036(b),
9-12 Election Code, as amended by this Act, and that is required to be
9-13 filed on or after July 1, 2000, and before January 1, 2001, may
9-14 file reports that comply with Section 254.036(a), Election Code, as
9-15 amended by this Act, unless, not later than July 1, 2000:
9-16 (1) the Texas Ethics Commission has developed,
9-17 purchased, or obtained a license to use computer software that
9-18 complies with Section 254.0361, Election Code, as added by this
9-19 Act, and that permits a person to electronically file a report
9-20 under Chapter 254, Election Code, as required by Section 254.036,
9-21 Election Code, as amended by this Act, by using a publicly
9-22 accessible computer terminal, as defined by Section 254.0362,
9-23 Election Code, as added by this Act; and
9-24 (2) the commission has determined that the computer
9-25 software has been sufficiently tested and demonstrated to be
9-26 reliable when used with a publicly accessible computer terminal.
9-27 (d) If, under Subsection (b) or (c) of this section, a
10-1 person is not required to file a report that complies with Section
10-2 254.036(b), Election Code, as amended by this Act, the person shall
10-3 either file a report that complies with Section 254.036(a),
10-4 Election Code, or Section 254.036(b), Election Code, as amended by
10-5 this Act.
10-6 SECTION 7. The importance of this legislation and the
10-7 crowded condition of the calendars in both houses create an
10-8 emergency and an imperative public necessity that the
10-9 constitutional rule requiring bills to be read on three several
10-10 days in each house be suspended, and this rule is hereby suspended.